The court allowed the petitioner to pursue a pending application for interim relief while ensuring protection against eviction until the trial court's decision.

Order :

1. The case comes up on an application preferred by the respondent No.3 under Article 226 (3) of the Constitution of India, however, with the consent of learned counsel for the parties, the writ petition itself has been taken up for final disposal at this stage.

2. The present writ petition has been filed with the following prayers :-

“(i) The impugned order dated 19.01.2022 (Annex.5) passed by the respondent no.2 may kindly be declared illegal and the same may kindly be quashed and set aside.

(ii) The respondent authorities may kindly be directed to decide the application of the petitioner for regularization of the land in question positively and issue patta in favour of the petitioner for the land in question.

(iii) The respondents may kindly be restrained from evicting the petitioner from the land in question and further be directed to drop all the proceedings (if any) initiated against the petitioner, forthwith”.

3. Learned counsel for the petitioner, instead of joining the issue on merit, submits that the petitioner may be given liberty to prosecute his application preferred under Order 39 Rule 1 and 2 CPC in the suit proceedings filed before Civil Judge, Merta. He submits that till the application is heard and decided, the interim order passed by this Court on 24.01.2022 may be continued to operate for a reasonable period of time.

4. Learned counsel for the respondents have not opposed the submissions made by learned counsel for the petitioner and submits that the limited protection granted by this Court may not be continued for more than four weeks.

5. I have considered the submissions made at the Bar and gone through the relevant record of the case.

6. This is an admitted position that the petitioner has filed a suit for redressal of his grievances along with an application under Order 39 Rule 1 and 23 CPC and the same is pending consideration before learned trial Court.

7. In view of the submissions made before this Court, the present writ petition is disposed of with liberty to the petitioner to approach the learned trial Court for prosecuting his pending application under Order 39 Rule 1 and 2 CPC and learned trial Court is directed to decide the same expeditiously in accordance with law.

8. The interim order granted by this Court on 24.01.2022 shall continue in favour of the petitioner till 21^st March, 2025.

9. The stay application and other pending application stand disposed of.